R v Dirani (No. 33) [2019] NSWSC 288

R v Dirani (No. 33) [2019] NSWSC 288

The Court refused media access to the disputed exhibits for publication/broadcast because such access would risk privacy violations and prejudice against uninvolved persons, facilitate misuse by extremist groups and Internet dissemination, exacerbate grief of affected families, and could encourage emulation of terrorist acts; open justice was not significantly compromised since alternative evidence was accessible and written reporting was not impeded.

Jurisdiction
Australia
Judgment Date
29 March 2019
Procedural Posture
Criminal / Ruling on Media Application for Access to Trial Exhibits After Jury Had Retired to Consider Verdict, Before Delivery of Verdict
Outcome
Media application for access to Exhibits E, F, and AJ refused; order made refusing access prior to jury verdict.
Legal Topics
['open Justice' 'access to Court Files' 'media Access to Exhibits' 'terrorism Trial Procedure' 'privacy and Criminal Evidence']
['criminal Law' 'media Law' 'court Procedure'] ['open Justice' 'access to Court Files' 'media Access to Exhibits' 'terrorism Trial Procedure' 'privacy and Criminal Evidence']

Case Brief

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Procedural Posture

Criminal / Ruling on Media Application for Access to Trial Exhibits After Jury Had Retired to Consider Verdict, Before Delivery of Verdict

Legal Issues

  1. 1 ['Whether media should be granted access for copying and publication/broadcast of photographic and electronic trial exhibits where opposed by prosecution and accused in a terrorism trial']

Ratio Decidendi

The Court refused media access to the disputed exhibits for publication/broadcast because such access would risk privacy violations and prejudice against uninvolved persons, facilitate misuse by extremist groups and Internet dissemination, exacerbate grief of affected families, and could encourage emulation of terrorist acts; open justice was not significantly compromised since alternative evidence was accessible and written reporting was not impeded.

Court Disposition

Media application for access to Exhibits E, F, and AJ refused; order made refusing access prior to jury verdict.

Orders

  • ['Order refusing access to Exhibits E, F and AJ by media applicants for copying/publication was made on 14 March 2019.']